Minors Must Also Be Taught About 'Virtual Touch', Not Just Traditional Concepts Of 'Good And Bad Touch': Delhi High Court

The Delhi High Court has observed that minors must also be taught about “virtual touch” and not just traditional concepts of “good and bad touch”, and said that the ”emerging concept” must be included in their curriculum.

Justice Swarana Kanta Sharma observed that minors must be equipped with the knowledge and tools to navigate online interactions safely and recognize potential risks lurking in cyberspace.

“Traditionally, efforts to protect minors from harm have focused on teaching them about 'good touch' and 'bad touch' in the physical realm. However, in today's virtual world, it is crucial to extend this education to encompass the concept of 'Virtual Touch,” the court said.

It added that it is the need of the hour to send a message to the concerned stakeholders, such as schools, colleges, Delhi State Legal Services Authority as well as Delhi Judicial Academy, to hold programs, workshops and conferences focusing not only on the traditional concepts of 'Good' and 'Bad Touch' but also on the emerging concept of 'Virtual Touch' and its potential dangers.

“This Court, therefore, emphasizes that the concerned stakeholders should include in their curriculum apart from the education about good touch and bad touch the virtual touch and its repercussions and danger,” the court added.

Justice Sharma made the observations while dismissing the plea moved by a woman accused of helping the main accused, her son, in committing sexual assault upon a 16 year old girl and forcing her for prostitution.

The court noted that the minor was allegedly kidnapped by the accused, who she met on a social media application, was kept in a room and was sexually assaulted for around 20 to 25 days.

“While adjudicating this case, this Court is constrained to note that in today's virtual modern world where virtual space has also become a priding ground of alleged virtual affections between teenagers, the teenagers are not equipped to deal with the potential dangers of human trafficking for prostitution and other side of crimes which exists in the virtual world,” the court said.

It added that educating minors about 'Virtual Touch' involves teaching them about appropriate online behavior, recognizing warning signs of predatory behaviour and understanding the importance of privacy settings and online boundaries.

“Just as children are taught to exercise caution in the physical world, efforts must be made taken to teach them to develop critical thinking skills to assess the credibility of online contacts and safeguard their personal information,” it said.

Counsel for Petitioner: Mr.Amit Prasad, Mr. Rajeev Ranjan, Mr. Rishikesh Kumar, Mr. Ayodhya Prasad, Mr. Arpit Tripathi, Ms. ChanyaJaitley, Ms. Niaz Baldawala and Ms. Kavya Agarwal, Advs

Counsel for Respondents: Mr.Manoj Pant, APP for the State with Mr. Saurabh Das, Mr.Paramveer, Mr.Lalit Kumar and Mr.Ashok Kumar Shukla, Advocates

Title: KAMLESH DEVI v. STATE OF DELHI NCT & ANR.

Citation: 2024 LiveLaw (Del) 553

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